Hold talks with KSEB or invoke ESMA to prevent disruption of electricity due to strike: Kerala High Court to State

The Kerala High Court on Tuesday directed the State governement to invoke the provisions of the Kerala Essential Services Maintenance Act, 1994 (ESMA) if the ongoing strike of employees of the Kerala State Electricity Board (KSEB) disrupts the supply of electricity in the State [Arun Jose v State of Kerala & Ors.]..A Division Bench of Justices CS Dias and Basant Balaji opined that the State Government has an obligation to act as a conciliator between the KSEB, which is a State Public Sector Undertaking, and its employees to settle their differences amicably, without causing any disruption to the normal lives of citizens. "Therefore, any disruption in power supply due to the cessation of work, concerted refusal, or retardation of work by the employees of the Board would prejudicially affect and inflict grave hardship on the normal life of the citizens in general andconsumers of the Board in particular, which necessarily has to be prevented by the 1st respondent. At the same time, we are of the definite view that the Government has to play an active role as a Conciliator between the Board and its employees and amicably sort out their differences which would be in the better interest of all the stakeholders," the Court said in its order..The Court was prima facie satisfied that, in public interest, an interim order has to be passed directing the State government to initiate conciliation talks with the KSEB employees, failing which it must invoke the Kerala Essential Services Maintenance Act."Nonetheless, if the employees of the 2nd respondent Board go ahead and indulge in any conduct falling within the purview of Section 2 of the Kerala Essential Services Maintenance Act, 1994, under any banner or nomenclature, in violation of the rules of the Board, which disrupts the generation, distribution and supply of electricity in the State of Kerala, the 1st respondent (State Government) shall immediately issue appropriate orders under the Kerala Essential Services Maintenance Act, 1994, and prohibit such conduct. Needless to mention, the Board would be at liberty to take appropriate action against the erring employees in accordance with law," the interim order stated. .The Court was considering a public interest litigation petition moved to prevent the disruption of services of the KSEB in connection with the strike called for by the KSEB Officers Association.The on-going strike was called by KSEB Officers' Association to protest against the decision of the management to suspend three of its leaders; State president MG Suresh Kumar, general secretary B Harikumar and executive committee member Jasmine Banu..The KSEB Authorities informed the court that a detailed circular of instructions had been issued against the general strike, through which grant of all non-essential leave has been revoked other than on medical grounds. Rule 86 of the Kerala Government Servants’ Conduct Rules, 1960, is applicable to employees of the KSEB and prohibits partaking in any strike or dilatory activity during duty hours. They claimed that if the strike continues, it will derail the service level applications of the utility and cause huge commercial losses, which will, in turn, affect the revenue commitments to procure power and defray the employee charges in May 2022. .However, the KSRB Officers Association contended that its members have not resorted to a strike but have only conducted a 'relay sathyagraha', as a part of collective bargaining for which they have a right..The Court noted that in Chandra Chooden Nair S v. State of Kerala & Ors., a Division Bench of the court had inter alia, held that any sort of strike by government servants is illegal. It was also held that merely because disciplinary action is provided under the Rules does not absolve the State government from taking preventive action.Therefore, the Court directed the State to initiate talks to arrive at an amicable settlement or invoke the provisions of ESMA to prevent disruption of power supply in the state. .Advocates Alen H Cheruvila, AJ riyas, Saritha Thomas and Alex M Scaria represented the petitioner. Advocate KM Sathyananda Menon appeared for the KSEB and its managing director. Advocate M Sasindran appeared for the KSEB Officers Association. .The case will be taken up with connected matters on May 21. .[Read Order]